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RES NO 04-03-2015 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. -�-2015 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, A RESOLUTION TO BE ENTITLED: A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT FOR PLANNING AND ENGINEERING SERVICES FOR THE CITY OF VAN BUREN,ARKANSAS, AND FOR OTHER PURPOSES. WHEREAS, the City of Van Buren, Arkansas desires to continue planning and begin engineering and design work for the Veterans' Memorial Park, a new park in downtown Van Buren; and WHEREAS, the City advertised for statements of qualifications for engineering services; and WHEREAS, the Parks and Recreation Commission supported and recommended entering into a contract with CEI Engineering Associates, Inc. for said work. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS, THAT: SECTION 1: The Mayor is authorized to enter into a contract (Exhibit "A") with CEI Engineering Associates, Inc. to provide engineering services for the planning, design and engineering of Veterans' Memorial Park in the amount of$46,405.00 including reimbursable expenses. SECTION 2: The Mayor is authorized to utilize General Improvement Fund grants designated for said park from the A&P Commission in the amount of $41,429.00 with the remainder to be paid from park bond proceeds. IN WITNESS WHEREOF, the City of Van Buren rkansas, by its City Council, did pass, t� approve, and adopt, by a vote of Li for and £ against, t for:going Resolution at its regular meeting held on the 20th day of April 2015. Robert D. ree 7'd.mmn" Mayor ATTESTED: AP' O risk, S T ii FORM: 1301,0-.4.(SL LijaZ —• 4111Brigibit -- 04b.(41111 111 Barbie Curtis Candice ettl City Clerk/Treasurer City Attorney City of Van Buren,AR C50 Veteran's Memorial Park Van Buren,AR Proposal for Engineering Services 3-16-15-CEI#93000 3108 SW Regency Parkway,Suite 2, Bentonville,AR 72712 (479)273-9472 I. PROJECT DEFINITION CEI is pleased to present the following Engineering Services for Veteran's Memorial Park, a new±2 Acre Park located in downtown Van Buren, on E Main Street. Project scope to include survey for existing city property, design location for two new pavilions to house relocated farmers market, a new amphitheater style stage with adjacent open lawn, picnic tables, two children's playgrounds, splash park,water feature, seat walls, war memorial, parking lots, sidewalks, landscaping, and improvements to existing train depot parking and war memorial area. This scope will include drainage updates, coordination with multiple sub consultants, Arkansas Highway and Transportation department,Arkansas and Missouri Railroad entities, and the City of Van Buren. II. SCOPE OF BASIC SERVICES A. Topographic Boundary Survey—CEI to provide a topographic boundary survey of the physical features as found on the ± 2 acre subject property to include, but not limited to, natural ground, buildings,drive ways, parking areas, visible utilities and underground utilities as marked by a utility locate service and other visible items at the time of the field work. This survey shall also include 1 foot contour intervals, 20' overlap on sides, and survey information to the centerline of roadways adjacent to the property Total this Phase $5,000.00 B. Conceptual Plans—CEI to provide 3 conceptual plans to the Mayor for stakeholder approval of amenities. Total this Phase $2160.00 This fee includes three conceptual plans.All additional plans shall be discussed with the client and be billed as an additional service per CEI's schedule of charges. C. Civil Design Drawings—CEI to provide Civil Design documentation as prescribed by City code from conceptual plan previously prepared by CEI,ALTA, and the City of Van Buren. This includes collaboration with governmental authorities and project team consultants for the development of a ± 2 acre park and its amenities, civil design as prescribed by City code as well as any documentation necessary for City planning submission. Civil design drawings which shall be supervised, sealed and signed by an Arkansas licensed Registered Professional Engineer as required by jurisdictional authorities. Total this Phase $18,560.00 This fee includes one set of revisions from the client and one set of revisions from review agencies.All additional revisions shall be discussed with the client and be billed as an additional service per CEI's schedule of charges. D. Permitting / Coordination — The coordination and permitting process consists of a number of different components which may include the following; • Coordinate the Conceptual Site plans with the City of Van Buren • Coordinate site amenities with Sub Consultants • Coordinate and resolve issues with Arkansas Highway and Transportation Department • Coordinate with Railroad entity • Coordinate the Construction Documents with City of Van Buren. • Submit Civil Site Development Plans to AHJ's for review and approval. • Coordinate and resolve AHJ requirements necessary for permit approval. Revised 2015 City of Van Buren Veteran's Memorial Park 3-17-15 Page 2 • Coordinate and resolve on-site utility issues with AHJ's. • Acquire civil related permits required and/or imposed by the local agencies. Total this Phase $7,650.00 E. Drainage Report CEI will complete a drainage study and prepare a report in conformance with the City of Van Buren and AHTD drainage design criteria to ensure compliance with local and state codes. Total this Phase $2,295.00 F. Erosion Control/Storm Water Pollution Prevention Plan (SWPPP) CEI will prepare Erosion Control and SWPPP for the proposed construction. Total this Phase $2640.00 G. Specifications CEI will provide project related Civil Specifications. These specifications shall be per CEI's Municipal Guide Specs, and submitted to the City and Contractor once the contract is awarded. Total this Phase $3,660.00 H. Meeting Attendance CEI will attend up to 4 meetings with the City of Van Buren. Expect a certain amount of meetings throughout the progression of the project, in order to physically sit down and go over project schedule,questions, minor changes, and budget. Total this Phase $1,440.00 This fee includes up to four meetings. All additional meetings shall be discussed with the client and be billed as an additional service per CEI's schedule of charges. I. Reimbursable Expenses — Copying, printing, utility locate services, title search, review fees, recording fees, postage/shipping charges, mileage, and other miscellaneous project-related expenses will be billed as reimbursable items. Total this Phase Estimated,Not to Exceed$3,000 Total Fees $46,405.00 III. RESPONSIBILITY OF CLIENT: Client will provide to CEI,the following items: A. Notice to Proceed B. Access to the Site IV. SERVICES NOT INCLUDED/ADDITIONAL SERVICES In addition to the services described above, CEI is capable and available to provide the following services on an "as requested" basis. An Extra Work Authorization (EWA) form or contract amendment will be issued for any services outside the scope of this proposal. All EWA's or contract amendments will be approved and signed by the Client identified herein prior to beginning work. All additional services will be performed on an hourly basis per the current Schedule of Charges. • Feasibility Study to include any or all physical, political and/or financial opportunities or constraints. • Coordination of Environmental Survey,Traffic Survey,and other Subconsultants. Revised 2015 City of Van Buren Veteran's Memorial Park 3-17-15 Page 3 • Water Distribution Report. • Conditional Use Permits. • Perspectives, renderings, and models. • Traffic studies. • Environmental Impact Analysis. • Replatting. • Preparation of estimates of probable construction costs. • Preparation of covenants of development agreements. • Retaining wall designs. • Sight lighting plans/Photometrics. • Off-site utility plans other than those immediately adjacent to the subject property. • Off-site street improvement plans such as road widening, acel/decel lanes and medians. (However civil drawings indicating new curbcuts, curb and gutter, and city sidewalks will be included in Basic Services). • Alley vacation, easements abandonment's and right of way dedications. • Final record drawings. • Historical or archeological studies. • Updated Title Policy. • Construction Staking. • Bidding or contract negotiations. • Major storm water drainage plans or relocation i.e. box culverts, large ditches and stormwater conductors in excess of four feet in diameter. • Preparation of easements or right of way documents. • Photometric Plan!Lighting Plan • Railroad specific plans or specifications • Design or Furnishing of railroad signals, crossing arms, or safety devices • Hydraulic calculations for water features/amenities • Geotechnical Report • Preparation of Drainage study beyond our impact area V. SCHEDULE OF CHARGES Charges for our services are divided into three categories: Labor, Consultants, and Reimbursable Expenses. LABOR: For fees billed on an hourly basis, labor charges are billed by category as follows: ARKANSAS(02-15-15) Officer/Branch Manager $ 170.00 Department Manager $ 150.00 Program Manager $ 130.00 Project Manager $ 125.00 Assistant Project Manager $ 110.00 Senior Project Engineer $ 125.00 Project Engineer $ 115.00 Planning Project Manager $ 105.00 Registered Landscape Architect $ 110.00 Registered Land Surveyor $ 110.00 Survey Project Manager $ 110.00 Assistant Survey Project Manager $ 90.00 Project/Planner Administrator $ 85.00 Project Designer $ 90.00 CAD Designer $ 80.00 CAD Technician $ 70.00 Survey Party Chief $ 80.00 Survey Technician $ 75.00 Field Specialist $ 60.00 Construction Observer $ 70.00 Program Assistant $ 65.00 Revised 2015 City of Van Buren Veteran's Memorial Park 3-17-15 Page 4 SUB-CONSULTANT SERVICES: In cases where CEI retains another engineering consultant to provide services outside of our area of practice, cost of such services will be charged at actual invoice cost, subject to prior approval by client. REIMBURSABLE EXPENSES: Outside services, and related materials,will be charged at the actual invoice cost. In addition, direct out-of-pocket costs such as postage, delivery services, travel (other than vehicle mileage), and subsistence expenses will be charged at actual costs. Vehicle mileage is billed at the applicable I.R.S. rate allowed per mile. All impact, permitting, expediting, and review fees will be charged at 15%over the cost of the fee unless the client is willing to pay those fees directly to the service provider. VI. CREDIT POLICY: Terms will be given only to clients with approved credit. Invoices will be rendered monthly, either as final or progress billing. CEI payment terms are net 30 days. Invoices past 30 days due will be subject to a monthly service charge, which will be assessed in compliance with state usury laws. Should the account be placed for collection with an outside collector, the cost of such collections will be added to the principal amount owed. CEI may stop work on any account that is 60 days delinquent. In the event that CEI elects to stop work as provided herein, Client will be assessed a resumption of work charge equal to 20% of the total contract amount. Said resumption of work charge and all outstanding invoices must be paid in full by Client prior to the resumption of work on the project. Client agrees that the balance as stated on the invoice from CEI to Client is correct, conclusive, and binding on the Client unless Client within thirty (30) days from the date of the receipt of the invoice notifies CEI in writing of the particular item that is alleged to be incorrect. Client's Initials Required for contract to be valid VII. STANDARD TERMS AND CONDITIONS STANDARD OF PRACTICE Services performed by CEI under this Agreement will be conducted in a manner consistent with the level of care and skill ordinarily exercised by engineers currently practicing in the same locale under similar conditions. No other representation, expressed or implied, and no warranty or guarantee is included or intended in this Agreement, or in any report, opinion, document, or otherwise. All other common law warranties are hereby expressly disclaimed. Client agrees that payment of all CEI invoices under this Agreement is for services rendered on behalf of Client and payment is not conditioned on (1)the receipt of any municipal or governmental approvals, authorizations, permits, or licenses or any type; (2) the availability of any utility services: or(3) payment to Client by any third party. OWNERSHIP OF DOCUMENTS All documents including drawings and specifications prepared or furnished by CEI pursuant to this Agreement are instruments of service in respect to the project and CEI shall retain an ownership and property interest therein whether or not the project is completed. Client may make and retain copies for information and reference in connection with the use and occupancy of the project by Client or others. RE-USE OF DOCUMENTS Copies of all reports, drawings, specifications, field data, field notes, laboratory test data, calculations, estimates, and other documents provided to Client as instruments of service are for use on the project specifically described in this Agreement. Any re-use of these by the Client for any other project or extension of this project, without the express, written authorization, verification, or adaptation by CEI,will be at Client's sole risk and without liability or legal exposure to CEI or CEI's independent professional associates or consultants, and Client shall indemnify, hold harmless and defend CEI and CEI's independent professional associates and consultants from all claims, damages, losses and expenses including attorneys'fees arising out of or resulting therefrom. Revised 2015 City of Van Buren Veteran's Memorial Park 3-17-15 Page 5 INSURANCE CEI maintains the following insurances: Worker's compensation of a form and in an amount as required by law and employer's liability insurance of$1,000,000. Comprehensive general liability with limits of $4,000,000 ($2,000,000 per occurrence), and automotive liability insurance with limits of$1,000,000 combined single limit. Excess liability umbrella insurance of$5,000,000. Professional liability insurance with a limit of$2,000,000, per claim/annual aggregate. Upon written request of Client, CEI will provide additional insurance, if available; including increased coverage and/or limits, and the Client will pay CEI an agreed amount for the increased coverage. LIMITATION OF LIABILITY The Client hereby agrees that, to the fullest extent permitted by law, CEI's total liability to Client for any and all injuries, claims, losses, expenses, or damages whatsoever arising including but not limited to CEI's negligence, errors, omissions, strict liability, breach of contract, or breach of warranty shall not exceed the total sum paid on behalf of or to CEI by CEI's insurance policies applicable thereto and CEI's deductible amounts(excluding fees, costs & expenses of investigation, claim adjustment,defense, and appeal) Any service deleted from this offer by the client will become the responsibility of the client. If this proposal was written without the benefit of an on-site investigation, changes in the scope may be necessary. CEI shall be held harmless in the event that any unseen condition adversely affects the design or intended use of the property in any way. INDEMNIFICATION The Client will indemnify, hold harmless and defend CEI, its officers, directors, employee, agents, consultants, and subconsultants from and against any and all liabilities, damages, or expenses, including without limitations any and all legal costs and expenses; whatsoever in connection with any personal injury or property damage arising out of or in any way connected with the negligence, reckless, or intentional acts or omissions by Client, its officers, directors, shareholders, agents, employees, consultants, and subcontractors,whether said acts or omissions and negligent reckless intentional or unintentional. Further,the Client shall,to the fullest extent of the law, indemnify, defend and hold harmless CEI, its directors, officers, employees, agents and subcontractors from and against all claims or action, based on, or arising out of, damages or injuries to persons or property caused by, or arising out of, any hazardous, and/or toxic substances present at the site where CEI and/or its subcontractors have performed work. In accordance with generally accepted construction practices,the client and client's contractors shall be solely and completely responsible for the conditions of the job site, including the health and safety of all persons and property during performance of the work. This requirement will apply continuously and not be limited to normal working hours. Any construction observation by the engineer of the contractor's performance is not intended to include review of the adequacy of the contractor's safety measures, in, on, or near the construction site. DISPUTE RESOLUTION Client and CEI agree to attempt to settle all claims, disputes or controversies arising out of, or in relation to the interpretation, application or enforcement of this Agreement by direct discussions; however, absent resolution by direct discussions, they agree to attempt to settle disputes by formal mediation according to the Construction Industry Mediation Rules of the American Arbitration Association. Absent resolution by mediation they agree to binding arbitration under the Rules of the American Arbitration Association. SEVERABILITY Any element of this Agreement later held to violate a law or regulation shall be deemed void, and all remaining provisions shall continue in force. However, the Client and CEI will in good faith attempt to replace an invalid or unenforceable provision with one that is valid and enforceable, and which comes as close as possible to expressing or achieving the intent of the original provision. Revised 2015 City of Van Buren Veteran's Memorial Park 3-17-15 Page 6 PROJECT PUBLICITY AND RECOGNITION During development construction, or upon completion of the project, CEI's name will be included on any public recognition / project identification display indicating design team, owners, and / or financiers. CEI shall be allowed to place or hang a temporary banner on the site during construction of the project. LIEN RIGHTS Client agrees that CEI shall have a lien upon real property constituting the project site for all unpaid sums due pursuant to this agreement or any addendum hereto,and that CEI is authorized to perfect a lien, enforce the lien, and foreclose the lien in the manner prescribed under local statutes for the perfection,enforcement and foreclosure of a mechanic and material man's lien upon real property. All provisions under the heading "STANDARD TERMS AND CONDITIONS" shall survive termination or completion of this agreement. AMENDMENTS The duties, responsibilities, and limitation of authority of the Client or CEI shall not be made or extended without a written, executed agreement between CEI engineering Associates, Inc and the Client. SUCCESSORS AND ASSIGNS CEI Engineering Associates, Inc and the Client each bind themselves, their associates, directors, partners, successors, executors, administrators and assigns to the other party to this Agreement and to the associates, directors, partners, successors, executors and administrators and assigns to such other party, with the respect to all obligations contained in this Agreement. CEI Engineering Associates, Inc. may assign its rights and obligations under this Agreement at any time without the consent of the Client. However, the Client shall not assign its obligations under this Agreement or sublet as a whole, without the prior written approval by CEI Engineering Associates, Inc.'s of the successor or assignee and its ability to comply with the terms and conditions of this and/or subsequent written Agreement. All assignments made by Client without CEI Engineering Associates, Inc.'s consent shall be considered null and void. TERMINATION Either Party may terminate this Agreement in full or in part, in writing, if the other Party fails to fulfill its obligations under the Agreement through no fault of the other Party. In such event, one may declare the other in default by issuing a written Declaration of Default and terminate the Agreement for cause. Prior to, an opportunity to cure any default or breach shall be given by way of a written notice being delivered to the Breaching Party including a description of the conditions constituting default or breach of the Agreement and providing the Breaching Party a period of time of ten (10) days within which to correct such conditions. If defined default or breach is not corrected within allotted number of days, then the written Declaration of Default may be issued. Upon any termination or suspension of an Agreement, CEI Engineering Associates, Inc. shall be paid for all work performed up to the date of termination or suspension. PROVIDED DATA Any information or data provided by Owner or Owner's representatives or by a third party as directed by Owner or Owner's representative to CEI to be used as base or supplemental information or data to the scope shall be considered reliable and CEI shall be held harmless to any errors or emission due to its use. SITE SAFETY OR CONTROL In no form or fashion shall it be implied or assumed, unless expressively written into scope, that CEI has or will be responsible for an Owner's or Contractor's control of the site nor will CEI dictate the means and methods of the Owner, Contractor and Contractor's subcontracts regarding preparation of, conducting, and the completion and closeout of construction, safety, and control of site. All provisions under the heading "STANDARD TERMS AND CONDITIONS" shall survive termination or completion of this agreement. Revised 2015 City of Van Buren Veteran's Memorial Park 3-17-15 Page 7 VIII. APPROVAL SIGNATURE AND AUTHORIZATION TO PROCEED: Execution of this document in all required locations shall form the entire Professional Services Agreement between the Client and CEI. Two copies of this Proposal and Agreement shall be signed by the Client and one copy shall be returned to CEI. In the event that the Client issues a notice to proceed to CEI prior to the execution of this contract, the Client acknowledges that the services rendered by CEI will be in accordance with the terms and conditions contained in this proposal. In the event that the client instructs services on the contract/agreement to be on hold for a period greater than forty-five days, client acknowledges that CEI will not proceed until a new contract between CEI and the client can be executed. This proposal shall become null and void if signatures have not been obtained within forty-five days of proposal date. If authorization to proceed is not given after the proposal has been executed said agreement will become null and void within forty-five days of the date of the Client's signature. The following is the complete client name and address that is responsible for payment of CEI invoices: Complete Client Name—Responsible for payment of invoice(include Inc., LLC,etc.) Complete mailing address to mail invoice(Street/PO Box/Suite number if needed) City/State/Zip Code to mail invoice Complete Phone Number Signature, Client Print Name Title Date Signature, CEI Engineering Associates, Inc. Print Name Title Date Revised 2015